Board of Supervisors: March 8, 2005

March 8, 2005

March 8, 2005

Virginia:

At a Regular Meeting of the Nelson County Board of Supervisors on March 8, 2005, 2:00 p.m., at the Courthouse in Lovingston, Virginia, thereof:

Present:   Gary E. Wood, Chair
       Harry S. Harris, Vice Chair
       Constance Brennan, Supervisor
       Thomas H. Bruguiere, Jr., Supervisor
       Thomas D. Harvey, Supervisor
       Stephen A. Carter, County Administrator
       Fred M. Boger, Planning Director
       Virgie A. Carter, Deputy Clerk

Agenda Item Number I. Call Meeting to Order

Supervisor Wood called the meeting to order.

A.   Moment of Silence
B.   Pledge of Allegiance to the Flag: Supervisor Brennan

Agenda Item Number II. Consent Agenda

A.   Minutes

The Board of Supervisors deferred approval of the Consent Agenda until April.

Agenda Item Number III. Public Comments and Presentation

A.   Public Comments

Bob West, Buck Creek Nursery, thanked VDOT Staff for the work done on Buck Creek Lane. It was noted that signs have been installed at the intersection of Buck Creek Lane and Route 29 stating that ãtractor trailers are entering the highway.ä

B.   VDOT

Kevin Wright, Assistant Resident Engineer, VDOT, presented the following report:

ð   The Route 151 Bridge Project is scheduled to begin within the next two weeks, weather permitting.

March 8, 2005

ð   Buck Creek Lane: Reiterated the Buck Creek Lane pipe work has been completed. Mr. Wright noted that this completes the Buck Creek work with the exception of some ãdress-upä work after the repairs stabilize.

ð   Route 664 Scenic Byway: Reported that VDOT Representatives will be present for the Public Hearing tonight to answer any questions regarding the Route 664 Scenic Byway.

ð   Tanbark Plaza: Reported that VDOTâS review of the Tanbark Plaza shows that the road does not meet the Code for a street to be accepted into the State System. The road does not serve three houses.

ð   Five Minute Parking in Lovingston: Reported that VDOT will review the request to make sure there are appropriate parking spaces to designate for five minute parking.

ð   Drumheller Orchard Lane and the High School and Middle School Entrances: Reported that VDOT is reviewing the request to see what can be done to improve traffic flow.

ð   League Lane: Reported that VDOT Staff and Engineer met to discuss problems at League Lane where water is being diverted on an adjacent farm.

Mr. Carter referenced a letter received from Linda Padilla, Lovingston Postmaster, on February 16, 2005 regarding parking at the Lovingston Post Office. Postmaster Padilla reported that parking is available in the back of the Post Office, and noted that the hours of operation are set for the size of the Office, customer service, and an attempt to keep costs down.

Supervisor Harris asked if Revenue Sharing Funds could be used to fund improvements to the Tanbark Plaza (Mr. Wright responded no and reiterated that the road would still have to meet the definition of a street); questioned if the Tanbark Project could be tied in with the Lovingston Revitalization Project (Mr. Carter stated he will check to see if it is feasible to include the Tanbark Plaza improvements with the Lovingston Revitalization Project); questioned how the road got removed from the State System (Mr. Wright will check and report back to the Board of Supervisors; thanked VDOT for completing improvements for the ãturn radiusä on Route 668 and Route 655; and reported that the tanks have been removed on Route 665 (Mr. Wright noted that ãredeckingä the bridge is scheduled for June, but he will confirm and report back to Mr. Harris).

Supervisor Brennan thanked VDOT for all the good work they are doing in the County.

March 8, 2005

Supervisor Bruguiere questioned when bids will be let for the Level Green Project on Dark Hollow Road (Mr. Wright will check on the Project date and notify Mr. Bruguiere).

C.   Bryan David: Regional Jail Project with Amherst & Appomattox

Bryan David, Amherst County Administrator, David Proffit, Assistant County Administrator, and Steve Butler, Mosely Architects, discussed the Regional Jail Study that Nelson County is participating in with Amherst and Appomattox Counties.

Mr. David stated that a Community Based Corrections Plan (CBCP) and a Preliminary Architectural Report (PAR) have been completed and submitted to the State Department of Corrections on March 1, 2003, which initiates State review and approval consideration of both the feasibility of a new regional jail facility and the Commonwealthâs financial participation in the capital cost of constructing the facility.

Mr. David stated that a correction was made to the CBCP that revises Nelson Countyâs projected share of the capital cost from the initially reported 33% to 17% of the estimated expense. The apportionment of Planning Study Construction Cost Estimate as of March 7, 2005 for 260 total beds is projected to 2020.

                   Todayâs Cost       Escalated to 3/09

                      $33.3M       $ 41.8M

State Reimbursement           $16.65M       $ 20.9M
Local Share               $16.65M       $ 20.9M

Allocation

Amherst County   63%       $10.49M       $13.17M
Appomattox County   20%       $ 3.33M       $ 4.18M
Nelson County   17%       $ 2.83M       $ 3.55M

Mr. David noted that the allocation is based on the FY01-FY04 Average Daily Population Percentage for each jurisdiction.

Mr. David stated that they are looking at the Blue Ridge Jail Authority to operate the facility and in turn, they maybe able to help Blue Ridge with space need problems.

Mr. Butler presented a power point presentation and briefed the Board on the Planning Study and showed a site plan for the proposed jail.

March 8, 2005

Supervisor Bruguiere asked what will happen if the Town of Amherst does not want the Jail. Mr. David noted that the Town of Amherst is the host community and he has invited them to meetings where the presentations are made, and noted that they are trying to address every concern they have raised.

Supervisor Brennan asked if the operational costs would be the same as with the Charlottesville/Albemarle Regional Jail.   Mr. Carter stated he should know something regarding the operational costs by August.

Nelson Countyâs share of the budget for participation in the Charlottesville/Albemarle Regional Jail is $430,000.

Mr. Carter stated that a letter was sent to the Charlottesville/Albemarle Regional Jail Authority stating Nelson County is participating in the proposed study with Amherst and Appomattox Counties.

Agenda Item Number IV. Unfinished Business

A.   Wintergreen Project: CDA Draft Petition

Paul Jacobson, Sands Anderson Marks & Miller, provided an overview of the proposed creation of the Wintergreen Area Community Development Authority. Mr. Jacobson outlined the steps necessary to create a CDA and noted that the Board of Supervisors has already done a Memorandum of Understanding. The next step would be a petition for the creation of the CDA, the scheduling of a Public Hearing, adoption of an Ordinance Creating the Authority, and Articles of Incorporation.

Mr. Jacobson stated that the advantage of creating a CDA would be increased revenue for the County.

Mr. Jacobson stated that a proposed Ordinance is being drafted and noted that Wintergreen has suggested conducting a Public Hearing on April 12th.

The Board of Supervisors discussed creating a list of items to be negotiated with WPI prior to negotiations and scheduling a Public Hearing.

Mr. Carter and Ms. McCann provided information on the projected 2004-2006 Composite Index of Local Ability-To-Pay for Nelson County. The current index is 0.4664 based upon $1,417,473,954 True Value of Property. Four scenarios were presented as follows:

March 8, 2005

Scenarios                  True Value of Property        2004-2006 Composite Index

$30,000,000 Added to              $1,447,473,954           0.4727
True Value of Property

$60,000,000 Added to          $1,447,473,954           0.4791
True Value of Property

$90,000,000 Added to          $1,507,473,954           0.4854
True Value of Property

$100,000,000 Added to      $1,517,473,954           0.4874
True Value of Property

Mr. Carter and Ms. McCann also provided information on the Hotel Project Tax Impact on County Capital Projects for FY 2008-FY 2009 projected at 5.2 with an estimated tax increase of 10 cents.

Supervisor Harvey recommended Supervisor Wood meet with Supervisor Brennan on the CDA project. Currently, Mr. Harvey is meeting with Ms. Brennan.

The Board of Supervisors ultimately passed the following Resolution to go into a Closed Meeting to further discuss the proposed CDA with legal counsel as follows:

Re: Closed Meeting

On a motion by Ms. Brennan, seconded by Mr. Bruguiere, with Ms. Brennan voting yes, Mr. Bruguiere voting yes, Mr. Harris voting yes, Mr. Harvey voting yes, and Mr. Wood voting yes, the following Resolution was adopted:

BE IT RESOLVED, That Pursuant to Section 2.2-3711.A.7 of the Code of VA, 1950, that the Nelson County Board of Supervisors hold a closed meeting for the following purposes:

ð   Consultation with legal counsel and briefings by staff members where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; and consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel.

Additionally, Supervisors Brennan and Bruguiere amended their motions to omit actual litigation from the Closed Meeting. Supervisors Harvey, Harris, and Wood concurred with the amendment to omit actual litigation from the Closed Meeting.

March 8, 2005

Re: Return to Regular Session

On a motion by Mr. Harris, seconded by Mr. Bruguiere, with Mr. Harris voting yes, Mr. Bruguiere voting yes, Mr. Harvey voting yes, Ms. Brennan voting yes, and Mr. Wood voting yes, the following Resolution was adopted:

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby return to Regular Session.

Re: Certification of Closed Meeting

On a motion by Ms. Brennan, seconded by Mr. Bruguiere, with Ms. Brennan voting yes, Mr. Bruguiere voting yes, Mr. Harvey voting yes, Mr. Harris voting yes, and Mr. Wood voting yes, the following Resolution was adopted:

BE IT RESOLVED, That Pursuant to Section 2.2-3712.D of the Code of VA, 1950, that the Nelson County Board of Supervisors certify that to the best of each memberâs knowledge (i) only public business matters lawfully exempted from open meeting requirements under Chapter 37 (Virginia Freedom of Information Act) of Title 2.2 of the Code of VA, 1950 and (ii) only such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by the public body.

Agenda Item Number V. New Business

A.   National Scenic Byway/All-American Road Program

Mr. Carter presented a letter from Daniel Brown, Superintendent of the Blue Ridge Parkway, requesting the Board of Supervisorsâ support in requesting the Virginia Section of the Blue Ridge Parkway being designated an ãAll American Road.ä Mr. Carter stated that the proposed designation will provide more tourism to Nelson County and will further the awareness of and need to protect view areas along the Parkway.

Concluding discussion, on a motion by Ms. Brennan, seconded by Mr. Bruguiere, with Ms. Brennan voting yes, Mr. Bruguiere voting yes, Mr. Harvey voting yes, Mr. Harris voting yes, and Mr. Wood voting yes, the following Resolution was adopted:

Re: Support of the Virginia Section of the Blue Ridge Parkway being Designated an ãAll American Roadä

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby support the Virginia Section of the Blue Ridge Parkway being designated an ãAll American Road.ä
March 8, 2005

Agenda Item Number VI. Reports, Appointments, Directives, and Correspondences

Agenda Item Number VI. was deferred until the March 9th Continued Meeting.

Agenda Item Number VII. Closed Meeting

An additional Closed Meeting was not needed.

Agenda Item Number VIII. Recess Meeting to Nelson Middle School

The Board of Supervisors recessed the Afternoon Session to the Nelson Middle School.

Agenda Item Number IX. 5:30 P.M. ö 7:00 P.M., Joint Dinner Meeting with School Board

The Board of Supervisors joined the members of the Nelson County School Board in the Library of the Nelson Middle School for dinner and, subsequent thereto, a presentation of the School Divisionâs budget proposal. All members of the Board of Supervisors were present, as were all members of the School Board: Cindy LaChance, Chair, John Kirchner, Stu Armstrong, David Parr and Jane Bibb. Staff members included: Dr. Roger Collins, Shannon Irvin and Tony Beverage from the School Division and Steve Carter, Debbie McCann, Allison McGarry and Candy McGarry of the Countyâs Administrative Staff. Ms. LaChance called the meeting of the School Board to order. The Board of Supervisors was already in session.

Ms. LaChance, Dr. Collins, and members of the School Board with Ms. Irvin, overviewed the School Divisionâs FY 05-06 Budget proposal, using a power point presentation. The total proposed budget consists of $19,930,824 in revenues and expenditures and includes a deficit of $645,819, which the School Board is requesting be provided by the Board of Supervisors as the total increase from the County from current fiscal year to the ensuing operating year. Dr. Collins and Mr. Kirchner also summarized the School Divisionâs use of $300,000 in funding provided by the Board of Supervisors for capital improvements work and the Divisionâs completion of a five year capital improvements plan.

Following the presentation by the School Division, both Boards discussed school funding with members of the Board of Supervisors noting that school funding was a priority but local funding was not sufficient to address all of the needs presented by the Division.

At the conclusion of the joint meeting, Mr. Harris moved, seconded by Mr. Harvey that the Board of Supervisors return to the Courthouse to conduct the Boardâs evening session. Roll call was unanimous (5-0) in favor of the motion and the joint session then concluded at 7:10 p.m.

March 8, 2005

Agenda Item Number X. Recess and Reconvene for Evening Session (Courthouse)

The Board of Supervisors recessed the Afternoon Session at 5:30 P.M. and reconvened the Evening Session at the Courthouse at 7:30 P.M.

Agenda Item Number XI. Public Hearings:

A.   Rezoning #2004-006: Afton Service Center

Supervisor Wood outlined the procedures for the conduct of the Public Hearings and noted that Staff will present the request followed with comments from the applicant. Mr. Wood requested each speaker to state their name and their address. Speakers will be allowed three minutes to speak and requested that comments be directed to the Board of Supervisors.

Concluding comments from Mr. Wood, Planning Director, Fred Boger, gave an overview of the request and noted that Tommy Harvey is requesting to rezone approximately 1.509 acres of land from Residential, R-1, to Business, B-1, to be used for storage of vehicles for the Afton Service Center. The property is located on Tanbark Road (Route 840) behind Afton Service Center at 10921 Rockfish Valley Highway.

Mr. Boger provided a detailed history of the Afton Service Center dating back to March 24, 1977 to December 30, 2004.

Mr. Boger stated that on February 12, 2001, the Board of Supervisors approved a request to rezone .491 acres of land from Residential, R-1, to Business, B-1. The purpose of the rezoning was to increase the storage area for vehicles. The revised storage area was to be enclosed with a chain link fence and evergreen screening at the rear.

On November 23, 2004, a notice of violation was sent to the applicant concerning the screening of the storage yard.

On December 10, 2004, a written compliant was received from Angela Robertson concerning the screening, the required enclosure, and the expansion of the Afton Service Center into the R-1 District.

In November and December of 2004, the applicant installed a wood screened fence half way along the Tanbark Road property line, with an entrance. The remaining area along the property line has been screened with evergreen trees. The remaining sides must still be enclosed with either landscaped screened, wood fence, or chain link fence.

March 8, 2005

On December 30, 2004, Mr. Harvey applied to rezone the remainder of the property to Business, B-1, to permit the expansion of the Afton Service Center and bring the property back into zoning compliance.

Mr. Boger stated that the Planning Commission considered the request on February 23, 2005, and voted 5 to 1 recommending approval of the rezoning request. Commissioner Hunt voted no, stating she could not see the business expanding into a residential area.

Concluding comments from Mr. Boger, Supervisor Brennan asked if there are any standards for E & S Plans. Mr. Boger noted that E & S Plans will be submitted per Allison Sappington of the Thomas Jefferson Water and Soil Conservation District, that there are not any deadlines for the submittal of a site plan.

Mr. Boger stated that conditions can not be attached to rezoning requests.

Supervisor Harris stated that there are two options, to install a fence across the property and to rezone the property from Residential, R-1, to Business, B-1.

Following comments from the Board of Supervisors, applicant Tommy Harvey provided an overview of the history of the Afton Service Center and stated that he and his wife own the business and have been operating it since the late 1950âs. Mr. Harvey stated that the business consists of 6,000 square feet and they employ twelve employees with annual gross sales at $2 million.

Mr. Harvey presented pictures of the area, and noted that initially he did not want to rezone the entire area because he was building a house.

Mr. Harvey stated that he applied for the rezoning of the remainder of the property to Business, B-1, to permit the expansion of the Afton Service Center and bring the property back into zoning compliance. Mr. Harvey stated that Stephen Key is working on an E & S Plan and he will be contacting Allison Sappington of the Thomas Jefferson Soil and Water Conservation District.

Mr. Harvey stated that the deadline for the submittal of the Site Plan is June 1st. Mr. Harvey stated that he will screen the whole side facing the residents.

Additionally, Mr. Harvey stated that the Petition circulated in the community in opposition to the rezoning stated that signatures were obtained in front of a notary. Mr. Harvey noted that he is a notary and that process is unheard of.

Concluding comments from Mr. Harvey, Supervisor Wood opened the Public Hearing. Individuals speaking included the following:

March 8, 2005

ð   Leonard Burnley, Shipman, stated that Mr. Harvey is a ãgood fellowä and he and the Afton Service Center are a real asset to the County. Mr. Burnley encouraged approval of the request.
ð   Dorthea Goines, Batesville Road, spoke in support of the rezoning request and stated she heard some discouraging comments on the radio today and noted it is not fair the way the radio and newspaper are slandering Mr. Harvey. Ms. Goines stated that Mr. Harvey serve on the Fire Department; when the citizensâ cars break down, Mr. Harvey is there; and noted that Mr. Harvey allowed the dumpsters to be located on his property and did not complain.
ð   Mark McGann, Crawford View Road, spoke in support of the rezoning request and stated that he works at Stoney Creek Garage and noted that space is a problem. Mr. McGann stated that Nelson County definitely needs a service center in the Afton community.
ð   Harry Baum, Tanbark Drive, spoke in opposition to the rezoning request and noted that a Class C Junk Yard with five or more inoperable vehicles is allowed in an Industrial, M-2 Zone.
ð   John Pugh, Tanbark Drive, spoke in support of the rezoning request and stated that Mr. Harvey has worked with fire and rescue and hazardous materials and noted that with his background, he would never allow oil to leak on the ground.
ð   Charlie Buck, Tanbark Drive, stated that before the rezoning request is approved, the property should be in full compliance with the Zoning Ordinance, and noted that there has not been any compliance; a site plan will not be submitted until June; and questioned how the request can be approved if there is not a site plan.
ð   Jeff Ward, Attorney in Waynesboro, stated that he has been asked by the Moyer Family to look at the issues and questioned if the Board wanted to set a policy to rezone someone into compliance with the Zoning Ordinance. Mr. Ward stated that if the rezoning is approved, it would be spot zoning and conditions should be placed on the request.
ð   Elaine Kennedy spoke in support of the rezoning request, and noted that she is a little bit confused by individuals saying if the request is approved, it would be allowing Mr. Harvey to break the rules.
ð   Jerry Wheeler, Tanbark Road, stated that he does not feel shrubbery is the solution to the problem, and recommended the Board of Supervisors come up with a solution to address the concerns of the citizens in the area.
ð   David McCann, Crawford View Road, spoke in favor of the rezoning request and stated that he does not think Mr. Harvey is operating a graveyard.
ð   Jace Goodling, England Rock Road, stated that he has watched the drama unfold and noted that the problem lie in the County Codes, and he does not want to see the community get torn apart and encouraged everyone to move on.
ð   Bo Delk, Lovingston, stated that he lived in the Afton area for over thirty years and he has heard the media reporting on County government and it is untruthful. Mr. Delk stated that Mr. Harvey is making the requested improvements and he supports the request.

March 8, 2005

ð   R. B. Morris, Afton Mountain Road, spoke in support of the rezoning and stated that Mr. Harvey has only been one thing to the community and that is an asset; questioned if the County can furnish Mr. Harvey a place to take his inoperable cars; and noted that the County needs to work on cleaning up all property in the County.
ð   Bo Zirkle, an adjoining landowner, spoke in support of the request and stated that he would not sign the petition that was circulating in the community, and noted that it has never been a mess with the cars as it has been with the dumpsters.
ð   Cheryl Campbell spoke in support of the request and noted that Mr. Harvey is an asset to the community and that he is a business oriented man and need to expand his business.
ð   Dan Ehrman, Tanbark Drive, spoke in support of the request and noted that he does not have a problem with a business operating in compliance with County Ordinances, and noted that the County Ordinances need to have teeth in them.
ð   Georgia Moyer, Greenberry Drive, stated that she wished Mr. Harvey could lease another piece of property for storage of vehicles; stated fencing was not completed as required by the County; and that if the rezoning is approved, it would be spot zoning. Ms. Moyer recommended the Board postpone approval of the request in order to bring the residential area into compliance and noted that she does not think the Afton Service Center need to be expanded.
ð   Danny Kennedy, Afton, spoke in support and stated that Mr. Harvey has gone beyond the call of duty to bring the business into compliance.
ð   Carlton Ballowe spoke in support of the request and stated that it is not a question if the Afton Service Center will continue to be open, but if the rezoning request is approved to allow expansion of his business.
ð   Angela Robertson stated that all citizens will be affected by the rezoning if it is approved and that the Board of Supervisors should check with the Virginia Dealers Board to see how long it actually takes to remove inoperable vehicles.

Concluding comments from the audience, Supervisor Wood closed the Public Hearing.

Supervisor Harris asked if two vehicles being stored on a piece of property apply to Service Stations. Mr. Boger stated that it is impossible for a service station to operate with only two vehicles allowed to be stored on the business.

Supervisor Brennan asked about site plan requirements. Mr. Boger stated that an applicant is required to have a site plan if the rezoning is approved, but a site plan is not required to request the rezoning. Supervisor Bruguiere stated that a site plan has been on record since 1977.

Supervisor Harris stated that Mr. Harvey is not requesting the rezoning to rezone the property into compliance, but to allow for expansion.

March 8, 2005

Concluding additional discussion, on a motion by Mr. Harris, seconded by Mr. Bruguiere, with Mr. Harris voting yes, Mr. Bruguiere voting yes, Mr. Harvey abstaining, Ms. Brennan voting yes, and Mr. Wood voting yes, the following Resolution was adopted:

RE: REZONING PETITION #2004-006: APPROVAL TO GRANT A REZONING PETITION TO CHANGE THE ZONING CLASSIFICATION OF 1.509 ACRES OF LAND FROM RESIDENTIAL, R-1, TO BUSINESS, B-1, TO PERMIT THE EXPANSION OF THE AFTON SERVICE CENTER LOCATED AT 10921 ROCKFISH VALLEY HIGHWAY, AFTON , VIRGINIA

BE IT RESOLVED BY THE NELSON COUNTY BOARD OF SUPERVISORS, That the petition of Mr. Tommy Harvey, with the consent of the property owner A.G. Small, to rezone approximately 1.509 acres, the remaining portion of the 2 acre parcel as shown on the composite plat prepared by Saundersâ Surveys, Inc., dated December 12, 2001, from Residential, R-1, to Business, B-1, to permit the expansion of the Afton Service Center into this area is hereby granted; and

BE IT FURTHER RESOLVED, That the Planning Director is hereby directed to make the necessary change to the Zoning Map to reflect this change in zoning for this property identified as Tax Map 6-A, Parcel 21.

Supervisor Brennan stated that she agree with Jace Goodling, and noted that a lot of the problems is in the Zoning Ordinance. In order to enforce the Zoning Ordinance to make sure everyone is in compliance, Ms. Brennan stated you would have to have two or three people.

Supervisor Wood stated that the County does not have the manpower to go out and look for violations, and noted that normally the Board will give people time to come into compliance, but noted the request is for expansion. Mr. Wood stated that he would like for the Zoning Ordinance to allow the Board to set conditions and hopefully the new Ordinance will allow conditions to be placed on requests, but noted their hands are tied with the old Zoning Ordinance.

B.   Final Subdivision Plat: Mountain Ridge

Fred Boger, Planning Director, stated that Falling Creek Properties, LLC, has submitted the final subdivision plat to divide a 181.06 acre tract of land into eighteen (18) lots. The property is located on the North side of Route 639 across from the intersection with Route 719, identified as Tax Map Number 69-A, Parcel 17. The property is zoned Agricultural (A-1) and is located East of the Dutch Creek Agricultural/Forestal District. The Norfolk Southern Railroad line separates the subject property from the Agricultural District and there should be very little, if any, impact on the District.

March 8, 2005

The Planning Commission unanimously voted to recommend approval of the final subdivision plat for Mountain Ridge, contingent upon approval of the Erosion and Sediment Control Plan.

Applicant, Greg Baldwin, was present.

Mr. Baldwin stated that he was not going to put public water in, but was told he had to and now he is not sure what will be done at this time.

Supervisor Wood opened the Public Hearing.

Gordon Koerner clarified that he stated there are water problems in Browning Cove and he has investigated it and there are not any water problems. Mr. Koerner spoke in support of the final approval.

Concluding comments from Mr. Koerner, Supervisor Wood closed the Public Hearing.

On a motion by Ms. Brennan, seconded by Mr. Harris, with Ms. Brennan voting yes, Mr. Harris voting yes, Mr. Bruguiere voting yes, Mr. Harvey voting yes, and Mr. Wood voting yes, the following Resolution was adopted:

Re: APPROVAL OF FINAL SUBDIVISION PLAT FOR MOUNTAIN RIDGE SUBDIVISION LOCATED ON LAUREL ROAD, ROUTE 639, IDENTIFIED AS TAX MAP #69-A, PARCEL 17

BE IT RESOLVED BY THE NELSON COUNTY BOARD OF SUPERVISORS, That the final subdivision plat for Mountain Ridge Subdivision prepared by Roger W. Ray & Associates, dated November 20, 2004 is hereby approved contingent upon approval of the required Erosion and Sediment Control Plan; and

BE IT FURTHER RESOLVED, That Staff is authorized to sign the final subdivision once this approval has been received.

C.   Final Subdivision Plat: Wayne & Sandra K. Orme

Fred Boger, Planning Director, stated that Wayne Orme has submitted a plat for a family division of Lot Number 59 in the Highland on the James Subdivision located on Cabell Road, Route 626.

The Planning Commission voted to recommend approval of the final subdivision plat.

Massie Saunders, Saundersâ Surveys, Inc., representing the applicant, was present.

March 8, 2005

Supervisor Wood opened the Public Hearing. There being no comments from the public, Supervisor Wood closed the Public Hearing.

On a motion by Mr. Harris, seconded by Mr. Bruguiere, with Mr. Harris voting yes, Mr. Bruguiere voting yes, Mr. Harvey voting yes, Ms. Brennan voting yes, and Mr. Wood voting yes, the following Resolution was adopted:

RE: APPROVAL OF FINAL SUBDIVISION PLAT FOR WAYNE &
SANDRA K. ORME LOCATED ON JONES OVERLOOK, HIGHLAND ON THEJAMES SUBDIVISION, CABELL ROAD, ROUTE 626 HOWARDSVILLE, VIRGINIA, IDENTIFIED AS TAX MAP #83-3, PARCEL 59

BE IT RESOLVED BY THE NELSON COUNTY BOARD OF SUPERVISORS, That the final subdivision plat for Wayne & Sandra K. Orme, Lot 59 of Highland on the James Subdivision, Phase II prepared by Saundersâ Surveys, INC. Dated November 12, 2004 is hereby approved; and

BE IT FURTHER RESOLVED, That Staff is authorized to sign the final subdivision plat once all required signatures have been placed on the plat.

D.   Final Subdivision: Paul J. & Sharon A. Buterbaugh

Fred Boger, Planning Director, stated that Mr. & Mrs. Buterbaugh have submitted a subdivision plat dividing 12.267 acres into two parcels of land. The property is identified as TM# 6-A-9A and is located on Lobbans Lane (Route 840).

The Planning Commission recommended approval of the final subdivision plat on February 23, 2005 and authorized Staff to sign the plat once the soils work has been approved by the Health Department.

Massie Saunders, Saundersâ Surveys, Inc., representing the applicant was present.

Supervisor Wood opened the Public Hearing. There being no comments from the public, Supervisor Wood closed the Public Hearing.

On a motion by Mr. Bruguiere, seconded by Ms. Brennan, with Mr. Bruguiere voting yes, Ms. Brennan voting yes, Mr. Harvey voting yes, Mr. Harris voting yes, and Mr. Wood voting yes, the following Resolution was adopted:

March 8, 2005

RE: APPROVAL OF FINAL SUBDIVISION PLAT FOR PAUL AND SHARON BUTERBAUGH LOCATED AT 98 LOBBANS LANE, IDENTIFIED AS TAX MAP #6-A, PARCEL 9A

BE IT RESOLVED BY THE NELSON COUNTY BOARD OF SUPERVISORS, That the final subdivision plat for Paul & Sharon Buterbaugh located at 98 Lobbans Lane, Afton, Virginia, prepared by Saundersâ Surveys, INC. Dated November 10, 2004 is hereby approved; and

BE IT FURTHER RESOLVED, That Staff is authorized to sign the final subdivision plat once all required signatures have been placed on the plat and the soil work has been approved by the Health Department.

E.   Final Subdivision Plat: Nelson County Community Development Foundation

Fred Boger, Planning Director, stated that the Nelson County Community Development Foundation has submitted a final subdivision plat dividing five (5) acres into two 2.5 acre parcels. The parcel being divided is known as Lot #1 in the subdivision of the property formerly owned by Emmett L. and Alice H. Fox and is further identified as Tax Map #77-9-1.

The Planning Commission voted to recommend approval of the final subdivision plat on February 23, 2005.

Massie Saunders, Saundersâ Surveys, Inc., representing the applicants was present.

Supervisor Wood opened the Public Hearing. There being no comments from the public, Supervisor Wood closed the Public Hearing.

On a motion by Mr. Harris, seconded by Ms. Brennan, with Mr. Harris voting yes, Ms. Brennan voting yes, Mr. Bruguiere voting yes, Mr. Harvey voting yes, and Mr. Wood voting yes, the following Resolution was adopted:

RE: APPROVAL OF FINAL SUBDIVISION PLAT FOR THE NELSON FCOUNTY COMMUNITY DEVELOPMENT FOUNDATION TO SUBDIVIDE A PARCEL OF LAND LOCATED ON PHOENIX ROAD, ROUTE 661, INTO TWO LOTS, IDENTIFIED AS TAX MAP #77-9, PARCEL 1

BE IT RESOLVED BY THE NELSON COUNTY BOARD OF SUPERVISORS, That the final subdivision plat prepared by Saundersâ Surveys, INC. Dated November 29, 2004 for the Nelson County Community Development Foundation to subdivide a parcel of land located on Phoenix Road, Route 661, Arrington, Virginia, into two lots is hereby approved; and

March 8, 2005

BE IT FURTHER RESOLVED, That Staff is authorized to sign the final subdivision plat once all required signatures have been placed on the plat and the soil work has been approved by the Health Department.

F.   Final Subdivision Plat: Glen Mary, Beech Grove Road

Fred Boger, Planning Director, stated that Steve Crandall has submitted a final subdivision plat to divide a 67.4 acre tract of land on Beech Grove across from the entrance to Wintergreen Winery into thirteen parcels. The property is identified a Tax Map # 31-A, Parcel 48.

The proposed lot sizes will range from 3.9 acres to 8.6 acres. The subdivision will be served by a private road and approximately twenty percent of the site will be designated as open space.

The Planning Commission voted to recommend approval of the plat contingent upon approval of the soil work and E & S Plan.

Applicant Steve Crandall was present.

Supervisor Wood opened the Public Hearing. There being no comments from the public, Supervisor Wood closed the Public Hearing.

On a motion by Ms. Brennan, seconded by Mr. Bruguiere, with Ms. Brennan voting yes, Mr. Bruguiere voting yes, Mr. Harvey voting yes, Mr. Harris voting yes, and Mr. Wood voting yes, the following Resolution was adopted:

RE: APPROVAL OF THE FINAL SUBDIVISION PLAT FOR GLEN MARY SUBDIVISION LOCATED ON BEECH GROVE ROAD, ROUTE 664, ACROSS FROM WINERY LANE, IDENTIFIED AS TAX MAP #31-A, PARCEL 48

BE IT RESOLVED BY THE NELSON COUNTY BOARD OF SUPERVISORS, That the final Subdivision Plat for Glen Mary Subdivision owned by Verdtogo, LLC, prepared by W. Morris Foster, Land Surveyor, dated December 7, 2004, revised on February 4th, and 22nd, 2004, is hereby approved; and

BE IT FURTHER RESOLVED, That Staff is authorized to sign the final subdivision plat once all required signatures have been placed on the plat and the soil work has been approved by the Health Department.

March 8, 2005

G.   Proposed Community Development Block Grant (CDBG): Piney River Community Project

Mr. Carter stated that a Public Hearing has been scheduled to solicit public input on the proposed Community Development Block Grant (CDBG) proposal to be submitted to the Virginia Department of Housing and Community Development for the Piney River Community Project. The Piney River Community Project will include water, sanitary sewer, and housing rehabilitation.

Concluding comments from Mr. Carter, Sheryl Stephens of Draper Aden Associates, provided a power point presentation on the proposed Project. The presentation included a map outlining the project area; the project cost and funding; project schedule; Water and Sewer Ordinance which includes connection fees, monthly fees, and mandatory connections; LMI households/documentation of eligibility; indoor plumbing; and issues during construction.

The estimated cost for the project is as follows:

ð   Water System               $2,237,611
ð   Sewer System                  2,743,959
ð   Total                   $4,981,570

The proposed project funding is as follows:

Project Funding:

ð   Rural Development Loan Funds       $1,607,500
ð   Rural Development Grant Funds          2,431,500
ð   EPA Grant Funds                     828,960
ð   SERCAP Grant Funds                   50,000
ð   County Funds and other Grant Funds               63,610
ð   Total                       $4,981,570

The expenses and debt service are as follows:

ð   Estimated Annual Cost to Operate Systems:    $77,250
ð   Estimated Annual Debt Service:       $88,400
ð   Total Estimated Annual Cost:           $165,650

Ms. Stephens reported that Rural Development and EPA will not pay the cost of the private water and sewer laterals for low income households in the project area, and noted that the County wanted to get grant funds to pay as much of this cost as possible.

March 8, 2005

The housing component would be homes that lack indoor plumbing; homes that need rehabilitation/repairs; and homes that are renter-occupied.

Concluding Ms. Stephensâ presentation, Mr. Carter stated that he has been getting calls regarding the project stating they do not want to pay the connection fees.

Supervisor Bruguiere stated that citizens have expressed concerns stating that their system is working and why do they have to hook up to a new water system? Mr. Bruguiere stated that four property owners have written letters expressing concern and requested to meet with the Board of Supervisors.

Supervisor Harris expressed concern regarding availability fees.

Supervisor Wood opened the Public Hearing.

Ray Johnson stated that he has water and sewer, and noted that he just found out last week from an Article in The Nelson County Times that the County is applying for funding to extend water, sewer, and housing rehabilitation in the Piney River area. Mr. Johnson stated that he did not want to block anyone else from receiving the service, but he does not feel he should pay for the service and others will get free service. Mr. Johnson stated that he did not receive a letter from the County notifying the citizens of the meeting tonight.

Concluding comments from Mr. Johnson, Supervisor Wood closed the Public Hearing.

Approximately fifteen citizens attended the meeting, but only Mr. Johnson spoke.

Supervisor Bruguiere stated that the lateral hookups will be free for everybody. Mr. Bruguiere also stated that the CDBG funds will help pay for laterals and save the County money.

In response to Supervisor Harrisâ concerns regarding availability fees, Ms. Stephens stated that non user fees are referred to in the regulations and not availability fees. Ms. Stephens stated that the rules and regulations are modeled after the Service Authority, but noted that an increase has been included only to get grant funds ($29 per 5,000 gallons).

Supervisor Brennan stated that it would be nice to know how many people will connect to the system before borrowing funds for the project.

Supervisor Wood questioned if the County can start the sign-up process while applying for funding?   Ms. Stephens stated that the sign up process should be completed by the start of the bidding process, and could begin now.

March 8, 2005

Supervisor Harvey stated that there is a community problem in the Piney River area and it needs to be addressed. Mr. Harvey noted that surveys were done on every house in the area.

Supervisor Bruguiere stated that the proposed improvements are for the greater good of the community and he supported it.

Concluding additional discussion, on a motion by Mr. Bruguiere, seconded by Mr. Harvey, with Mr. Bruguiere voting yes, Mr. Harvey voting yes, Ms. Brennan voting yes, Mr. Harris voting yes, and Mr. Wood voting yes, the following Resolution was adopted:

Re: Authorization to Submit Application For Virginia Community Development Block Grant Funding To Virginia Department of Housing and Community Development For Piney River Water, Sewer and Housing Project

BE IT RESOLVED, By the Nelson County Board of Supervisors, pursuant to the conduct of two public hearings, that Nelson County, Virginia wishes to apply for up to $1,000,000 of Community Development Block Grant funds for the Piney River Water, Sewer and Housing Project;
WHEREAS, a total of $4,661,092 ($102,663 in local funds, $828,960 in State and Tribal Assistance Grants from the United States Environmental Protection Agency, $2,176,000 in federal Rural Utilities Services funds and $1,553,469 in Virginia Department of Health - Virginia Revolving Loan funds) in addition to VCDBG funds will also be expended on this project. It is projected that ninety-nine (99) households will benefit from the implementation of this project, of which sixty-nine percent (69%) will be low-and moderate-income persons; and
BE IT FURTHER RESOLVED, that the Nelson County Administrator, Stephen A. Carter, is hereby authorized to sign and complete the appropriate documents for the submittal of this Virginia Community Development Block Grant proposal.
H.   Proposed Virginia Byway Designation for Route 664 (Beech Grove Road)
Mr. Carter stated that a Public Hearing has been scheduled regarding a proposed Virginia Byway Designation for Route 664 (Beech Grove Road) from the intersection with Route 151 South of Wintergreen to the Blue Ridge Parkway.
Mr. Carter stated that Pursuant to Section 33.1-62, a county or municipality wherein the proposed byway is located may choose to hold a public hearing on the byway designation.
March 8, 2005
Mr. Carter further stated that VDOT will prepare a Resolution for the Commonwealth Transportation Boardâs consideration of the designation.
Additionally, Mr. Carter introduced Virginia Department of Transportation Personnel Winky Chenault of the Richmond Office and Ronnie Brown of the Amherst Office.
Mr. Chenault stated that advertising signs are the only restriction, and noted that no new signs will be allowed if the proposed designation is approved. Directional signs are not prohibited only advertising signs.
Concluding comments from Mr. Chenault, Supervisor Wood opened the Public Hearing.
David McGann spoke in favor of the proposed designation, and referenced the number of advertising signs that are already placed on Route 664.
Concluding comments from Mr. McGann, Supervisor Wood closed the Public Hearing.
On a motion by Ms. Brennan, seconded by Mr. Harris, with Ms. Brennan voting yes, Mr. Harris voting yes, Mr. Harvey voting yes, Mr. Bruguiere voting yes, and Mr. Wood voting yes, the following Resolution was adopted:
Re: Requesting the Commonwealth Transportation Board to Approve the Route 664 (Beech Grove Road) from the Intersection with Route 151 South of Wintergreen to the Blue Ridge Parkway as a Virginia Byway
BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby request the Commonwealth Transportation Board to approve the Route 664 (Beech Grove Road) from the intersection with Route 151 South of Wintergreen to the Blue Ridge Parkway as a Virginia Byway.
I.   Proposed Ordinance: Appointments for Boards and Commissions
Mr. Carter stated that a Public Hearing has been scheduled on a proposed Ordinance, Chapter 2, Administration, Article V of the Code of the County of Nelson, Virginia, regarding Appointments for Boards and Commissions.
Supervisor Wood opened the Public Hearing. There being no comments from the public, Supervisor Wood closed the Public Hearing.
The Board, by consensus, deferred adoption of the proposed ordinance and Item VI until the Continued Meeting on March 9, 2005.

March 8, 2005
Agenda Item Number XII. Public Comments
David McCann discussed the entrance to the new Rockfish Convenience Center, and noted that the entrance is dangerous.
Supervisor Harvey stated that he will take care of the matter.
Agenda Item Number XIII. Other Business
No other business was offered.
Agenda Item Number XIV. Adjournment
Re: Continuance of the March 8, 2005 Meeting to March 9, 2005
On a motion by Mr. Harvey, seconded by Ms. Brennan, with Mr. Harvey voting yes, Ms. Brennan voting yes, Mr. Bruguiere voting yes, Mr. Harris voting yes, and Mr. Wood voting yes, the following Resolution was adopted:
BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby continue the March 8, 2005 Meeting to March 9, 2005, 6:00 p.m., in order to conduct a Work Session on the proposed FY 2005-2006 Budget.